Terms & Conditions

Agreement

a. This Agreement is between Clean Future Management Pty Ltd. (trading as Hire Skip Solutions), ABN 78 681 379 055 (“Hire Skip Solutions”) and the party named under the heading “The Customer” overleaf. b. Hire Skip Solutions will perform the Services set out in this Agreement for the Term.

2.Term

a. The Term of this Agreement will be the Initial Term (being the period indicated overleaf) plus any Renewed Terms under clause 2(b). Where no such period is indicated overleaf, the Initial Term of this Agreement will be the period of three (3) years commencing on the date indicated overleaf.

b. The Term will be automatically renewed after the expiration of the Initial Term on the same terms and conditions set out in this Agreement and will continue until terminated by either party giving the other party at least thirty (30) days’ written notice.

c. The parties agree that the Charges provided by Hire Skip Solutions to the Customer in accordance with this Agreement are intended to reflect the long-term relationship between the parties.

3.Charge and Payment

a. The Customer must pay Hire Skip Solutions the Charges for the Services (including any additional or other charges charged to the Customer in accordance with this Agreement) by the due date specified in the relevant invoice. The Charges for the Services include all taxes and levies other than GST. The Charges for the Services and all other amounts payable in accordance with this Agreement are expressed exclusive of GST. Where Hire Skip Solutions makes a taxable supply to the Customer and the consideration for that supply does not expressly include GST, the Customer must also pay an amount equal to the GST payable. The Customer must pay the GST amount when the Customer is liable to provide consideration. This obligation survives completion or termination of the Agreement (for whatever reason).

b. The Charges for Services are quoted on the basis of a regular scheduled run. If the Customer requires a pickup at a time that does not fit a scheduled run or at a time other than in accordance with clause 5 of this Agreement, additional charges may be charged to the Customer subject to Hire Skip Solutions providing prior notice to the Customer of such additional Charges.

c.Hire Skip Solutions may increase its Charges during the Term in its absolute discretion (for reasons including, but not limited to, increased operation costs, changes in disposal fees, changes to disposal facility locations, increased government charges, taxes and/or levies, the introduction of new taxes, government charges and/or levies and changes in the Customer’s address in accordance with clause 9), by providing the Customer with written notice of such increase (Charge Notice).

d. If Charges are increased under clause 3(c), the new Charges (as set out in the Charge Notice) will be deemed to have been accepted by the Customer and will become effective thirty (30) days after the date that Hire Skip Solutions delivers the Charge Notice to the Customer, unless the Customer elects to terminate this Agreement by delivering written notice (Charge Termination Notice) before the increased Charges become effective. If a Charge Termination Notice is delivered by the Customer in accordance with this clause 3(d), the increase in Charges contemplated by the Charge Notice will not take effect in relation to this Agreement and this Agreement will terminate on the date that is sixty (60) days after the date that Hire Skip Solutions delivered the relevant Charge Notice to the Customer.

e. Hire Skip AutoPay: Hire Skip Solutions AutoPay allows Customers to save card information to their account for automatic charging of skip bin rental, transport and disposal costs. By using AutoPay, the Customer agrees to pay for the original quote and any cost adjustments as detailed in the Terms & Conditions. Certain duties and tax payments may require an alternative payment method.

f. The Customer acknowledges that the Services may be suspended by Hire Skip Solutions if payment is not received or the Customer is otherwise in arrears of its payment obligations under this Agreement.

g. The Customer acknowledges that the Services may be suspended by Hire Skip Solutions if payment is not received or the Customer is otherwise in arrears of its payment obligations under this Agreement.

h. In addition to the Charges for the Services, additional charges may be applied and charged to the Customer at Hire Skip Solutions’ reasonable discretion:

3.1 Responsibility for Fees/Charges

a. The Customer must pay Hire Skip Solutions for all services provided, including any extra costs incurred for any reason related to the service. This includes fees that a third party fails to pay.

b. Additional fees may include:

i) Any changes to this Agreement, including (without limitation): ii). Changes in the nature, type, weight or density of the Waste; iii). Changes in the Site or access to the Site which cause Hire Skip Solutions to incur additional expense; iv) The removal of Non-Accepted Waste; or v) The delivery and collection of any Bin(s) to and from the Site during the Term.

vi) After-Hours Fees: Additional fees for services provided outside standard operational hours, including weekends, public holidays, late nights, and early mornings.

vii)Driver Wait Time: A fee applies when drivers must wait beyond the standard allocated time.

viii) Cancellation Fee: A fee of $20 will be charged for canceling a service with less than 24 hours notice. Additionally, bin providers may also charge their own cancellation fees, which will be applied on top of the $20 fee.

ix) Oversize/Overweight Charges: Additional charges may apply if goods exceed declared weight or size.

x) Book-in Fees: Charges for specific pickup or delivery times, or additional services.

xi) Dangerous Goods Charges: Applied for handling and disposal of Dangerous or Hazardous Goods.

4.Performance of Services

Hire Skip Solutions will, at its discretion, not be required to perform Services on weekends or public holidays or in the following circumstances:

If Hire Skip Solutions cannot access the Site safely. If Hire Skip Solutions does not provide Services to the area of the Site. If the Bin(s) appears overweight, damaged, or improperly filled. If the Customer is in breach of this Agreement. If Hire Skip Solutions is prevented from performing the Services by circumstances beyond its reasonable control (including, but not limited to, natural disaster or industrial action).

5. Collection Notification and Minimum Service

a. Subject to clause 5(b) below, the Customer irrevocably directs Hire Skip Solutions to perform the Services at the frequency detailed under the heading “Service Details” overleaf on the days determined by Hire Skip Solutions from time to time in its discretion.

b. The Customer may, by providing reasonable notice, amend the frequency for the performance of the Service provided that the frequency of the Service as nominated by the Customer will not be less than once every four (4) weeks.

c. Hire Skip Solutions will use all reasonable endeavours to perform the Services on the frequency agreed in accordance with this Agreement but accepts no liability where such performance is prevented, hindered or otherwise does not occur by a cause that is beyond its reasonable control. In the event that Hire Skip Solutions is unable to perform the Service at an agreed time, it agrees to perform that Service within a reasonable time thereafter.

6. Not a Common Carrier

Hire Skip Solutions is not a common carrier and accepts no liability as such. Services are arranged and undertaken subject only to these Terms and Conditions. Hire Skip Solutions reserves the right to refuse, at its discretion, the arranging or performing of any service before, during, or after its commencement.

7. Force Majeure

Where Hire Skip Solutions is unable to carry out any obligation due to circumstances beyond its reasonable control (“force majeure”), it shall be excused from liability to the extent of such prevention, restriction, or interference.

8. Cancellation and Termination

a. Hire Skip Solutions may terminate the Agreement immediately by giving notice to the Customer if:

i. the Customer is in breach of this Agreement, and such breach is either incapable of being remedied or has not been remedied within fourteen (14) days of written notice of that breach; ii. the Customer fails to make the required payments or is otherwise in arrears of its payment obligations after having been requested to pay within fourteen (14) days; iii. in Hire Skip Solutions’ opinion the Bin(s) is/are being used for a purpose contrary to law or this Agreement, and the Customer fails to remedy the purpose within seven (7) days of a written demand; or iv. Hire Skip Solutions has received notice that the Bin(s) has/have been placed on a Site without the Customer having first obtained appropriate permission in accordance with clause 14(c), and the Customer has failed to obtain the necessary permission within seven (7) days of written notice of that breach.

b. In the event of termination of the Agreement in accordance with clause 6(a), Hire Skip Solutions may retrieve its Equipment at any time from the Customer’s Site. c. The Customer may terminate this Agreement:

i. immediately by giving written notice if Hire Skip Solutions is in breach of a fundamental term of this Agreement; or ii. if permitted by clauses 2(b), 3(d) or 20(g) of this Agreement.

d. If: i. the Customer attempts to terminate this Agreement other than in accordance with clause 6(c) or otherwise repudiates this Agreement; or ii. Hire Skip Solutions terminates this Agreement for any of the reasons contemplated by clause 6(a).

Hire Skip Solutions will be entitled to early termination fees calculated, in addition to any outstanding amounts on the account, for:

1. The cost of picking up the bins, especially on short notice (e.g. transport, fuel, driver cost)
2. Cost of clean, service and regular maintenance of bin(s) for safe use by another customer
3. Incremental administrative cost in the early closure of the account; and
4. Foregone earnings for discounts provided to the Customer in entering into this Contract. e. The early termination fees in clause 6(d) are agreed by both parties to be a genuine pre-estimate of damages and are therefore not a penalty at law. f. On termination of this Agreement by either party, all Charges that are outstanding and have not yet been paid will become immediately due and payable.
5. Ownership a. The Customer acknowledges that the Bin(s) and Equipment remains the property of Hire Skip Solutions at all times. b. Hire Skip Solutions reserves the right not to empty any bin(s) that are not provided by it.
6. Delays If, through no fault of Hire Skip Solutions, the service vehicle is delayed on Site due to either the lack of access to the Bin(s), or for any other reason, a charge of $25.00 plus GST per fifteen (15) minutes of waiting time will apply. This fee shall be charged to the Customer as an additional charge in accordance with this Agreement only if the delay has been caused by an act or omission of the Customer.
7. Change of address a. The Customer may change the address from where the Services are to be performed under this Agreement to an alternate address within an area where Hire Skip Solutions provides the Services and has a regular scheduled run by providing reasonable notice. b. If the Customer changes its address in accordance with clause 9(a): i. the Customer agrees that it shall be liable to pay all costs, fees and expenses to transport and install the Bin(s) and Equipment at the new address; and ii. The parties agree that this Agreement will remain in effect at the new address.
8. Customer Obligations: The Customer agrees to: a. Not compact waste; b. Maintain the Bin(s) in a sanitary condition; c. Only use the Bin(s) as directed by Hire Skip Solutions and at an agreed location; d. Instruct all personnel in the safe and proper use of the Bin(s); e. Not remove the Bin(s) from the Site to which it was delivered without permission; f. Not deface or otherwise damage the Bin(s); g. Reimburse for the costs of repairs for damage to the Bin(s) while in the possession of the Customer except for fair wear and tear; h. Indemnify Hire Skip Solutions in respect to all claims, suits, and demands for damages caused directly or indirectly to any person or property by, or in connection with, the use or operation of Equipment; i. Inform Hire Skip Solutions if the Bin(s) is/are damaged, in dangerous condition or in need of repair; j. Grant Hire Skip Solutions exclusive rights to the removal from the Site of the types of Waste agreed (as set out overleaf) and not engage any other party to provide Waste removal services during the term of this Agreement in respect of the same or similar types of Waste (this does not prevent the Customer from contracting with third parties for other types of Waste); l. At its own expense, obtain all required consents and approvals and comply with all laws relating to the Services and to the disposal of Waste; and/or m. Comply with all reasonable directions given by Hire Skip Solutions.
9. Ground Surface The Customer warrants the ground surfaces traversed by Hire Skip Solutions vehicles on and at the Site are suitable for the purpose of delivery and collection of Bin(s) and acknowledges there will be no liability for damages except in the case of gross negligence by Hire Skip Solutions.
10. Weight The Customer acknowledges and agrees that the weight of the Waste deposited in each Bin shall not exceed the allowable weight indicated under “Service Details” overleaf. Where no allowable weight is specified, the allowable weight shall not exceed 100 kilograms per cubic metre (Allowable Weight). Hire Skip Solutions may refuse to collect the Bin(s) if it is not within the Allowable Weight. Alternatively, if it elects to collect any Overweight Bin, additional reasonable charges may apply, and the Customer must pay such amounts in accordance with clause 3.
11. Waste a. The Customer will use the Bin(s) for Waste only and will not contaminate the Waste with Non-Accepted Waste or place Non-Accepted Waste in the Bin(s). b. Hire Skip Solutions will only collect the Waste. If the Waste has been contaminated with Non-Accepted Waste or Non-Accepted Waste has been placed in the Bin(s), it may, at its discretion:

i. not collect the contaminated Waste and ask the Customer to remove the Non-Accepted Waste; ii. not collect any Bin which contains Non-Accepted Waste; or iii. collect the Non-Accepted Waste and charge the Customer an additional fee.

c. Subject to clause 13(f), all Waste becomes the property of Hire Skip Solutions once collected.

d. The Customer will store all Waste securely and evenly spread inside the Bin(s) and will not overfill the Bin(s) or place Waste beside or on top of the Bin(s).

e. If the Customer needs Non-Accepted Waste collected, the Customer must contact Hire Skip Solutions to arrange a special collection.

f. Title and risk in any Non-Accepted Waste remains with the Customer until it is deposited at a legally authorized waste facility.

15. Site

a. Hire Skip Solutions will rely on the information the Customer provides in respect of the Site.

b. The Customer must ensure there is unobstructed and safe access for the Services.

c. The Customer is responsible for obtaining permission if the Bin(s) is to be placed on a communal or public site or other location requiring a third party’s permission.

16. Delivery and Removal Delay

a. Hire Skip Solutions will deliver the Bin(s) within a reasonable time from the date of this Agreement.

b. If the Customer requests placement of the Bin(s) where third-party permission is required and such permission is not evident, Hire Skip Solutions may refuse delivery.

c. Hire Skip Solutions may at any time replace the Bin(s) with an equivalent sized Bin(s).

17. Liability and Indemnity

17.1 To the maximum extent permitted by law:

a. The Customer will be responsible for all liabilities, claims, damages, actions, costs, and expenses incurred by Hire Skip Solutions as a result of any breach by the Customer of this Agreement.

b. Hire Skip Solutions will not be liable to the Customer as a result of any loss, damage, or injury caused or contributed to by any bins or equipment not supplied by it.

c. Hire Skip Solutions will not be liable for any consequential loss, or loss caused by (or to the extent contributed to by) the Customer or associated persons.

d. If liable, Hire Skip Solutions’ liability is limited, at its discretion, to re-supplying the Services or paying the cost of having the Services supplied again.

e. The Customer will be responsible for any loss or damage to property, Equipment or Bin(s) arising from the performance of the Services.

f. The Customer is responsible for any claim made against Hire Skip Solutions, its employees or agents in respect of personal injury or death, or any other claims arising in connection with the performance of the Services.

17.2 The Customer’s liability to indemnify is reduced proportionally to the extent that an act or omission of Hire Skip Solutions contributed to the claim, damage, loss, liability, cost or expense.

18. Privacy Act

Hire Skip Solutions is committed to protecting personal information in accordance with the Australian Privacy Principles. Information collected will be used and disclosed in accordance with its privacy policy. The Customer may request a copy of the privacy policy or contact the Privacy Officer at the details provided by Hire Skip Solutions.

19. General

a. Hire Skip Solutions may assign or novate its rights and obligations under this Agreement without the consent of the Customer. The Customer may not assign or novate without prior written consent.

b. This Agreement is governed by the laws of the State where the Services are provided.

c. This Agreement contains the entire agreement between the parties and supersedes any previous agreement.

d. Any provision which is void, illegal or unenforceable may be severed without affecting other provisions.

e. The Customer must not make public announcements relating to this Agreement without prior written approval.

f. If the person signing this Agreement is doing so on behalf of a corporation or entity, that person warrants they are legally authorized to do so.

g. This Agreement may be amended from time to time at the discretion of Hire Skip Solutions by providing thirty (30) days’ notice of the amended Agreement. Unless the Customer terminates within that notice period, the amended Agreement will apply. This clause does not apply to changes in Charges, which are governed by clause 3. h. In this Agreement:

i. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

ii. Hire Skip Solutions means the entity providing the Services as defined in clause 1(a);

iii. Bin or Bin(s) means the waste bins provided to the Customer;

iv. Charges means the fees and charges payable under this Agreement;

v. Customer means the party named as the Customer overleaf;

vi. Equipment means any equipment supplied or utilized in performing the services and includes Bin(s) and vehicles;

vii. Initial Term means the term referred to in clause 2(a); viii. Non-Accepted Waste means waste not approved for disposal in the Bin(s);

ix. Renewed Term means any renewed term under clause 2(b); x. Service(s) means the collection and disposal of the Waste placed in the Bin(s);

xi. Site means the location specified by the Customer for the Services; xii. Term means the duration of the Agreement being the Initial Term plus any Renewed Term;

xiii. Waste means the waste types (excluding Non-Accepted Waste) approved for disposal in the Bin(s).